Legal Question in Civil Litigation in California

Re: proof of service

In some courts a proof of service can be filed after the motion itself; this is often done in situations where the moving party needs to file early in order to get a spot on the court's hearing calendar before a deadline passes but does not want to give the other side more notice than the law requires. Do not bank on the absence of a POS to save you -- or to do anything, for that matter.

Re: proof of service

Of course, the important thing is to respond to the motion. Perhaps the copy he filed with the court has a proof of service and he inadvertently failed to attach it. I wouldn't count on that as being fatal to the motion. You can certainly raise it as one of the issues in your opposition. Since you acknowledge receiving it, though, you already have been put on notice of the hearing.

Re: proof of service

If you don't file appropriate opposition pleadings, and appear at the hearing to argue the pleadings, you will lose the motion. Raise any such issues properly in the pleadings. As a pro per which you appear to be, you are required to know and follow all the court rules and procedures, just like every attorney. If you don't, you will lose your case. It's your decision to hire counsel or not, but its seldom a wise decision to handle your own case. Even attorneys hire other attorneys when they have a case of their own. Feel free to contact me if you change your mind.